Donation is an amazing way to help friends or family members seeking to become parents.  For donors and for those who seek to create embryos through assisted reproduction with the use of sperm donors who are known to them, it is extremely important to be clear from the start about the donative intent of all parties, their rights and responsibilities (or lack thereof) and to have those intentions memorialized in writing.  Misunderstandings and misplaced parental rights and obligations can easily be avoided with a well-crafted contract between the involved parties.  This is true whether you are using the assistance of a doctor or clinic to achieve pregnancy using IVF or supervised IUI, or whether you are doing an at-home insemination in a way other than intercourse.

 

In New York having a well-drafted sperm donation agreement is especially important for LGBTQ parents and others conceiving their children through assisted reproduction where a known sperm donor was used.  Having a clear agreement showing intent that the sperm donor's role is as a donor (rather than as an intended parent) streamlines the path to a court order confirming parentage of the intended parties and declaring the donor to be legally free of parental rights and responsibilities as to the child who may ultimately be born.

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Having a thoroughly-drafted donation agreement also allows the parties the opportunity to thoughtfully discuss and address important issues such as future contact, privacy, confidentiality, medical disclosures and what might be in the interests of the donor-conceived person, as well as the parties.  There is a lot to consider, and we take the time and care needed to guide our clients so that they end up with an individualized agreement that truly reflects them and allows all parties to comfortably proceed through the process.

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